4123-17-63
Eligibility for group experience rating-size criteria.

(A)
To be eligible for group experience
rating, the group taken as a whole must include at least one hundred employers,
each employer being identified as a separate risk for state fund identification
purposes, or the group taken as a whole must be of sufficient size that the
premiums of the members, as determined by the administrator, are expected to
exceed one hundred fifty thousand dollars during the coverage period, except as
provided by paragraph (C) of this rule. The administrator may determine the
aggregate premium of the members based upon the historical premium experience
of the members, projected payroll, and anticipated premium rates. The
evaluation period for determining aggregate premium shall be the rating year
beginning two years prior to the coverage period.

(B)
For a group of less than one hundred
members, the premium requirement shall be deemed to have been satisfied if the
aggregate premium to the state insurance fund for the members of the group for
the rating year beginning two years prior to the coverage period exceeded one
hundred fifty thousand dollars, except as provided by paragraph (C) of this
rule. Failure to reach one hundred fifty thousand dollars in premium during the
coverage period shall not negate the group coverage.

(C)
The bureau shall calculate the premium
based upon the actual experience modified premium of the member employers
during the evaluation period, including any modification due to group rating.
The administrator may waive the requirement that premiums exceed one hundred
fifty thousand dollars during the coverage period for a continuing group of
substantially similar membership if the sole reason that the premium fails to
exceed one hundred and fifty thousand dollars is due to the premium
modification discounts earned by the group as a direct result of safety
operations of the group rating program, and not due to other factors, such as a
departure of members from the group or a reduction in payroll for members of
the group.